In the bliss of preparing for your marriage in Louisiana, a prenuptial agreement is probably far from your mind. After all, discussing a prenup could make you or your future spouse feel uncomfortable or as though you’re lacking trust in them, But a prenup isn’t necessarily about a lack of trust as much as it is about protecting your assets in the unlikely case of a divorce.
Pause for a moment and think about your assets as you enter into marriage. There are five distinct situations under which you might want to consider entering into a prenup with your future spouse. And don’t worry, if you didn’t get a prenup and you’re already married, you can enter into a postnup to still protect these assets should anything bad happen to your marriage. But, timing is very important when filing a postnup, so make sure to seek the advice of an experienced family attorney to weigh all of your options.
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You’re Planning to Purchase Property that Falls Under Louisiana’s Community Property Law:
Louisiana is one of only nine states in the country that has a community property law. Under this law, couples who acquire assets together after getting married, have joint ownership of that property. This means that the courts won’t consider whose name is on the deed or ownership information. All the assets now belong to both of you if they are acquired after the date of your marriage. in many cases, this can be a very tricky situation for couples. It opens the door for you to be required to split your assets evenly in the case of a divorce. These assets include your business or a business business that you own any steak in, your retirement, savings plan, and even your inheritance.
Because Louisiana rules in this manner, considering assets, a prenup or postop is always a good idea for couples who are getting married. Not only could you end up with a lower net worth after your divorce, but divorce proceedings can take a great deal of time as the quote of evaluate what belongs to who in Louisiana divorces.
Most couples look to complete their divorce proceedings properly so they can move on with their lives. A prenup or postnup can make this speedy divorce process a real reality.
- Your entering the marriage was substantial assets
Individuals with a high net worth can become the target of scammers or spouses who entered into the marriage with poor intentions. While you certainly hope that isn’t the case, your new spouse could show their true intentions later on and leave you with half the assets you had before getting married.
Entering into a prenup when you have substantial assets can be the stage for openness and honesty throughout your marriage. It makes it clear that neither one of you is intending to profit from the marriage and that you enter it with a sound mind and good intentions.
- You have children from a previous marriage.
There are many reasons why children from a previous marriage could make you consider a prenup. One such reason is to protect their inheritance in case of your untimely passing. It can also protect trust accounts or assets that you’ve set aside specifically for your child, such as savings for education or their wedding.
You’ve built a bright future for your children and want to protect that future no matter what happens with your new marriage. It can be wise to enter into a prenup agreement to ensure your children’s financial standing.
- You own a business or part of a business.
When couples go through a divorce and either one owns a steak in a business, things get really complicated. And tragically, and in some cases, the business must be dissolved to split the assets. Or, the spouse walks away with nothing but the business and is left on poor financial footing.
It’s always a good idea to enter into a prenup if you own your business or part of a business. Not only will it protect you financially, but it will protect your business. In cases where your future spouse owns a business with a large amount of debt, you should also consider a prenup because that debt could become your debt in the case of a divorce.
- There is an inheritance involved.
An individual who enters into a marriage with an inheritance could request a prenup. But an inheritance can also be a good reason for a post. That’s because your financial situation has drastically changed since you entered the marriage, making for some changes and circumstances where you need to reconsider your finances.
inheritance is a personal topic. A loved one intentionally left that money to you and coming into a large sum of money can change a person and make their motives different from what they had been. Protect your marriage and your finances with a postnuptial agreement.
Our team of family law experts can help you. And under any of these circumstances. We will guide you through the process and protect your rights and your finances. Contact us for more information to set up a consultation.
